Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 77757656 has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Amusement park rides; amusement park water rides; waterslides; amusement park ride control systems; waterslide rafts
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/31/2009 and first used in commerce at least as early as 05/31/2009, and is now in use in such commerce.

Proposed:
Tracked Text Description: Amusement park rides; amusement park water rides; waterslides; amusement park ride control systems; waterslide raftsClass 028 for Amusement park rides; amusement park water rides; waterslides; waterslide rafts
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/31/2009 and first used in commerce at least as early as 05/31/2009, and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 037 for Installation and maintenance of amusement park rides, amusement park water rides, waterslides, amusement park ride control systems, and waterslide rafts
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/31/2009 and first used in commerce at least as early as 05/31/2009, and is now in use in such commerce.

Proposed: Class 037 for Installation and maintenance of amusement park rides, amusement park water rides, waterslides, amusement park ride control systems, and waterslide rafts
Deleted Filing Basis: 1(a)
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 040 for Custom manufacture of amusement park rides, amusement park water rides, waterslides, amusement park ride control systems, and waterslide rafts
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/31/2009 and first used in commerce at least as early as 05/31/2009, and is now in use in such commerce.

Proposed: Class 040 for Custom manufacture of amusement park rides, amusement park water rides, waterslides, amusement park ride control systems, and waterslide rafts
Deleted Filing Basis: 1(a)
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

ADDITIONAL STATEMENTS
The applicant urges that the original specimen be accepted for the class 28 goods. Although the specimen shows the TANTRUM mark next to the applicant's PROSLIDE mark, the TANTRUM mark creaters a distinct comemrcial impression and is thus separately registrable under TMEP 807.12(d) ("an applicant has some latitude in selecting the mark it wants to register. The mere fact that two or more elements form a composite mark does not necessarily mean that those elements are inseparable for registration purposes.") The conclusion that ProSlide and Tantrum create separate commercial impressions is evident from the fact that the ProSlide mark appears separately thoughout the specimen, and is part of the separately registered PROSLIDE TECHNOLOGY INC. mark (reg. no. 1603888, see TMEP 807.14(b)).

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services listed in the application as of the application filing date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 244. The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /rmlabarge/      Date: 12/31/2009
Signatory's Name: Richard M. LaBarge
Signatory's Position: attorney

Response Signature
Signature: /rmlabarge/     Date: 12/31/2009
Signatory's Name: Richard M. LaBarge
Signatory's Position: attorney

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 77757656
Internet Transmission Date: Thu Dec 31 12:50:16 EST 2009
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.X-20091231125016554
809-77757656-460492999a579fb8737fa3ee582
309ed2a4-N/A-N/A-20091231120643985078